Problem of protecting legitimate interests in civil proceedings

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The article analyzes the achievements of the legal scientific thought in the theory of protection of legitimate interests: based on the review of key scientific papers on the legitimate interests of the pre-revolutionary, Soviet and early post-Soviet periods, the key provisions of the intersectoral doctrine of the legitimate interest are discussed. The analysis of subjects of thesis and monographic studies on issues of civil and arbitration processes indicates the lack of comprehensive fundamental works on the problems of protecting legal interests in the civil proceeding at the present stage. There are shown objectively existing socio-legal realities that motivate the legal science to return to the development of the legitimate interests protection doctrine, the issues requiring rethinking and deeper development are dwelt upon. Achieving the objectives set before the legal science by the modern requirements encourages a wider look at the essence of judicial activities, correlating it with the concept of justice. The low efficiency of alternative methods of dispute resolution allows currently to raise the question not so much about the application of them to the disputes related to the protection of public interests, but about the development of judicial procedures to resolve social contradictions.

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Legitimate interests, civil proceeding, methods of protection, procedural facilities, public and private interests

Короткий адрес: https://sciup.org/147150129

IDR: 147150129   |   DOI: 10.14529/law170110

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